Put your request in writing and send it to the physician’s address listed on the physician’s Profile on the TMB website. You can also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may also be available there.

At this time there is no centralized state repository for medical records. Sometimes patients send a written request for records to the doctor’s next of kin or the executor of the doctor’s estate. A patient may also contact the TMB to determine if a custodian of records has been reported. If another physician has taken over the practice, the records may be available there.

The TMB doesn’t make referrals or recommendations. However, if you look up a doctor using “Look up a Licensee,” you can see the doctor’s reported specialty area of practice and any reported specialty board certifications. You can also see where your doctor went to medical school and whether your doctor has been disciplined by the Texas Medical Board.

The corporate practice of medicine is a legal doctrine, which generally prohibits corporations, entities or individuals (i.e. non-physicians) from practicing medicine.

A general summary of the corporate practice of medicine doctrine is that it prohibits physicians from entering into partnerships, employee relationships, fee splitting, or other situations with non-physicians where the physician's practice of medicine is in any way controlled or directed by, or fees shared with a non-physician. Generally, physicians may enter into independent contractor arrangements with non-physicians. However, whether an independent contractor situation exists is a question of law and attendant facts.

Section 165.156 of the Medical Practice Act makes it unlawful for any individual, partnership, trust, association or corporation by use of any letters, words, or terms, as an affix on stationery or advertisements or in any other manner, to indicate the individual, partnership, trust, association or corporation is entitled to practice medicine if the individual or entity is not licensed to do so.

Section 164.052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for impersonation of a licensed practitioner or permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, directly or indirectly, the practice of medicine by non-licensed individuals or entities.

Beginning in 2011, the Texas Legislature enacted laws authorizing certain types of hospitals and specific hospital districts to directly hire physicians.

Because of the highly technical aspects of this doctrine, a physician should consult with private counsel regarding any actual or contemplated arrangement. Please be advised that the Board staff is not authorized to provide private legal advice.

The following case law/legal authority may be helpful in the analysis and are available from any local law library or private counsel:

a. Garcia v. Texas State Board of Medical Examiners, 384 F.Supp. 434 (W.D. Texas 1974);

b. F.W.B. Rockett v. Texas State Board of Medical Examiners, 287 S.W.2d 190 (Tex. Civ.App.- San Antonio 1956, writ ref'd n.r.e.);

c. Watt v. Texas State Board of Medical Examiners, 303 S.W.2d 884 (Tex. Civ. App.- Dallas 1957, writ ref'd n.r.e.);

d. Flynn Brothers, Inc. v. First Medical Associates, 715 S.W.2d 782 (Tex. Civ. App.- Dallas 1986, writ ref'd n.r.e.)

e. Woodson v. Scott & White Hospital, 186 S.W.2d 720 (Tex. App. 1945, writ ref'd w.o.m.)

f. Tex. Atty. Gen. Op. JM-1042 (1989)

g. Tex. Atty. Gen. Op. WW-278 (1957).

h. Tex. Atty. Gen. Op. JM 369 (1985)

i. Tex. Atty. Gen. Op. DM-138 (1992)

j. Tex. Atty. Gen. Op. M-551 (1970)

k. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.

l. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, section 162.001.

m. The Medical Practice Act, Texas Occupations Code Annotated, Title 3, Subtitle B as amended, 151.055.

n. Occupations Code, section 102.001.

Yes. Prior to and each and every time a physician or advanced practice professional (such as a physician assistant or advanced practice registered nurse acting under a physician’s delegated authority) prescribes opioids, benzodiazepines, barbiturates, or carisoprodol, the patient’s prescribing history must be reviewed by the physician or advanced practice professional issuing the prescription.  For providers seeking information on how to access the PMP, please review Pharmacy Board PMP information at https://www.pharmacy.texas.gov/pmp/.

Yes. You may request that one be issued once your file is complete so that you can practice until the next Board meeting, when a permanent license will be issued. The fee is $107.

Registering a supervising physician for an NCT will no longer be required.  However, an NCT will still need to obtain and maintain placement on the MRT Board’s general registry, or have an approved a hardship exemption, prior to starting practice.  

The NCT permit is no longer available.  In the 2017 legislative session, SB 674 changed the law so that the Texas Medical Board is no longer required to register NCTs who work for physicians.  What remains is the requirement that NCTs obtain placement on the MRT Board’s general registry, or have an approved a hardship exemption, prior to starting practice.

Yes, if you have requested and paid for one. The request is made by mailing in the Temporary License Affidavit with the $107 fee. A temporary license cannot be issued until all supporting documents for your online application have been received, and your file has been reviewed and determined complete by your assigned licensing analyst. The temporary license is considered a full and active license and will allow you to practice until your permanent license is issued. Permanent licenses are issued once a month.  Please see the License Issue Dates link to the left for more information.  

Texas requires physicians to professionally use the name under which they are licensed by the Texas Medical Board. Using any other name may confuse or mislead the public and could be considered by the Board to be unprofessional conduct. A physician who wishes to change his or her professional name must use the Application for Name Change.

For information concerning practice opportunities in rural Texas please contact the State Office of Rural Health or the Southern Rural Access Program

Applicants who fall into one of the following categories may be eligible for expedited handling:

1. Physician applicants who agree to practice in a medically underserved area, a health professional shortage area, or a rural area;
2. Physician applicants qualifying under HB1504, who have been fully licensed and actively practicing in another state for at least 5 years, with no disciplinary history or open investigations;
3. Physician applicants who are in active military service, whose spouse is in active military service, or who are military veterans. (These individuals may also qualify for an application fee waiver)

Maybe. In order to be eligible for physician licensure in Texas you must prove that you have actively diagnosed or treated patients, or been on the active teaching faculty of a Texas medical school on a full time basis for either of the two years preceding the date of your application. The Board defines "full time" to be at least 20 hours per week for 40 weeks duration during a given year. If you don't meet that requirement the Executive Director may determine that certain conditions must be met before licensure can be granted. Alternatively, licensure under a non-disciplinary order limiting your practice to administrative medicine may be offered.

No, a physician-in-training permit holder is restricted to the supervised practice of medicine that is part of and approved by the training program. The permit does not allow for the practice of medicine that is outside of the approved program.

Not for our purposes. TMB will only be concerned with the supervised practice of medicine under a PIT permit.